The Studies On Electronic B/L And Legal Issues Concerned

Owing to the flourishing of electronic commerce.The people have been aware that the old system of Bill of Lading can't keep pace with the rapid development of international shipping because of high cost. slow turnover. and other limitations. Therefore. International shipping industry called for the reformation of Bill of Lading more and more eagerly. In this background. Electronic Bill Of Lading—a new way of transmitting information which takes electronic data as a carrier came into being.This paper investigates in detail issues concerning the introduction of Electronic Bill Of Lading and put forward some arguments. Through reading some relevant law books and laws and after the consultation to some professionals.a study and discussion was made on it.The issues under discussion are as follows:That chapter 1 is mainly about three part :the first part contain the meanings of EBL.its legal character.kinds ,advantages. then has analysed the challenges the traditional BL is facing and the fast development of the modern information technologies. the author also brought about personal opinions about the relationship between the dematerialisation of BL and EBL. The second part contain some domestic legislation of the Electronic Bill Of Lading such as American. British.Canada.Austialia and South African. the third part then introduces some major international legislations Electronic Bill Of Lading and effort made by UNCITRAL and CMI and so on.then introduces the operation of Electronic Bill Of Lading in practice basing on above introduction.the general idea of its operation is given though the introduction of"SEADOCS"experiment"EDISHIP"rules,"OCEAN"and"BOLERO"system.the practice of our nation corporation has been introduce also.Chapter 2 is mainly about the legal acts of EBL and its functions. The function of EBL as cargo receipts and the evidence of transport contract can be realised very easily, because it only deals with the transmission of information, but not rights. As far as security is concerned, eUCP will greatly facilitate electronic presentation in letter of credit transactions. At the same time, EBL has been provided with the feasibility and also satisfied the conditions for taking security.Chapter 3 is mainly about the meaning of signature and its three forms :handwritten signature .deriving forms of handwritten signature and high-tech signature.analyse the development of how to judge a effective signature .last put forward the resolve avenue on the base of contract and law .Chapter 4 is mainly about the problems in ligislation of Electronic Bill Of Lading. include jurisdiction problem and law apply , then we analyse these problems from the international organization and abroad nation angle.Chapter 5 is mainly about the the evidence effectiveness of Electronic Bill of Lading. Different countries have different regulars. Many countries have made great effort in solving these problems. In spite of this. legislation of a single county can by no means thoroughly solve them because Electronic Bill Of Lading is operated internationally.Chapter 6 is mainly about the Electronic Bill Of Lading'operate in china and legislation about it ,then bring about the deficiency of my nation law about EDI and put forward advices how to perfect it .